AN OPPOSITION to the stay order placed on Wise Owl veterinarian Joel Joseph has been submitted to the Superior Court of Guam.
The stay was issued on June 13, halting the Guam Board of Allied Health Examiners’ final decision to suspend Joseph’s license for five years.
The opposition argues:
- The order to stay was issued on an ex parte basis, meaning without consultation with the other side prior to filing the motion for a stay. Ex parte proceedings are usually reserved for restraining orders and the like. Public interest would be better served if the stay was dissolved, the opposition stated.
- The 10 points of error cited in the GBAHE hearings do not justify a stay because justifications are insubstantial, and, in some cases, false.
- The public interest would be better served by dissolving the stay.
The issue to stay was signed by Judge Michael Bordallo. Joseph’s request was made on the grounds that GBAHE was not qualified, violated the open government law by not allowing the proceedings to be filmed, did not provide documents in a timely manner for the defense to respond, and made unrealistic demands, such as a subpoena of the clinic’s records over six years.
In Joseph’s declaration of support for the order to stay, it was argued that substantial harm would be done to his clients and the community – including 19 employees who would lose their jobs and benefits and pets that will be left without the needed medical attention – and clients who cannot afford care at other clinics who will not receive adequate care.